Nicholas Phipps White v. Anywhere Real Estate Inc.
| Nicholas Phipps White |
| Anywhere Real Estate Inc., Bank Of America Corporation, Fidelity National Financial, Inc., Morgan Stanley and Co. LLC, Merrill Lynch, Pierce, Fenner and Smith Incorporated and Does 1-10 Inclusive |
| 2:2022cv04557 |
| July 2, 2022 |
| US District Court for the Central District of California |
| Maria A Audero |
| Steve Kim |
| Rozella A Oliver |
| George H Wu |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 12, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 94 NOTICE OF MOTION AND MOTION to Dismiss Case Second Amended Complaint filed by Defendant Anywhere Real Estate Inc.. Motion set for hearing on 10/16/2023 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Exhibit Request for Judicial Notice in support of Motion to Dismiss, Exhibits 1-3, #2 Exhibit Request for Judicial Notice in support of Motion to Dismiss, Exhibits 4-6) (Chan, Macey) |
| Filing 93 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Memorandum in Support of Motion, #91 by Judge George H. Wu. Docket No. 91 is stricken for the reason(s) stated in the Notice #92 filed on September 12, 2023. (See document for further details). (aco) |
| Filing 92 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Memorandum in Support of Motion, #91 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Motion to Dismiss. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (aco) |
| Filing 91 [DOCUMENT STRICKEN PER ORDER ON 09/12/2023, SEE DOCKET NO. 93] MEMORANDUM in Support Motion to Dismiss Plaintiff's Second Amended Complaint filed by Defendant Anywhere Real Estate Inc.. (Attachments: #1 Proposed Order, #2 Proof of Service, #3 Exhibit Request for Judicial Notice, Exhibits 1-3, #4 Exhibit Request for Judicial Notice, Exhibits 4-6)(Chan, Macey) Modified on 9/12/2023 (aco). |
| Filing 90 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendant Bank Of America Corporation. Motion set for hearing on 10/16/2023 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1 to Request for Judicial Notice, #3 Exhibit 2 to Request for Judicial Notice, #4 Exhibit 3 to Request for Judicial Notice, #5 Exhibit 4 to Request for Judicial Notice, #6 Exhibit 5 to Request for Judicial Notice, #7 Exhibit 6 to Request for Judicial Notice, #8 Exhibit 7 to Request for Judicial Notice, #9 Exhibit 8 to Request for Judicial Notice, #10 Proposed Order) (Wraight, Marquis) |
| Filing 89 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Fidelity National Financial, Inc., (Rousso, Mary) |
| Filing 88 NOTICE OF MOTION AND MOTION to Dismiss Case MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JACOB ANCONA; DECLARATION OF JAMES D. HEPWORTH filed by Defendant Fidelity National Financial, Inc.. (Rousso, Mary) |
| Filing 87 NOTICE of Interested Parties (Weiser, Frank) |
| Filing 86 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Amended Complaint/Petition #85 . The following error(s) was/were found: Local Rule 7-1.1 no notice of interested parties. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (aco) |
| Filing 85 SECOND AMENDED COMPLAINT against Defendants All Defendants, filed by Plaintiff Nicholas Phipps White (Weiser, Frank) |
Filing 84
ORDER by Judge George H. Wu. The Court hereby GRANTS the ex-parte application by Plaintiff NICHOLAS PHIPPS WHITE, for a final extension of time to file a Second Amended Complaint ("SAC") in this action. The SAC shall be filed no later than August 28, 2023. There will be no further continuances granted.; granting #83 EX PARTE APPLICATION for Enlargement of Time to File. (aco)
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| Filing 83 EX PARTE APPLICATION for Enlargement of Time to File Ex-Parte Application for a Final Extension of Time to File Second Amended Complaint; Declaration of Frank A. Weiser; Memorandum of Points and Authorities in Support Thereof filed by Plaintiff Nicholas Phipps White. (Attachments: #1 Declaration "1", #2 Proposed Order) (Weiser, Frank) |
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Filing 82
ORDER ON REQUEST OF SUBSTITUTION OF ATTORNEY #80 by Judge George H. Wu. The Court hereby GRANTS the request by Plaintiff NICHOLAS PHIPPS WHITE, to substitute as attorney of record in this case Frank A. Weiser, Esq., of the Law Offices of Frank A. Weiser, located at 3460 Wilshire Blvd., Suite 1212, Los Angeles, CA 90010, (213) 384-6964 (voice), (213) 383-7368 (fax), maimons@aol.com (e-mail), in and instead of himself in pro per. (rolm)
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| Filing 81 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance or Withdrawal of Counsel (G-123),, #80 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Request for Substitution of Counsel G01.. Other error(s) with document(s): Form Request for Substitution G01 required.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) |
| Filing 80 Notice of Appearance or Withdrawal of Counsel: for attorney Frank A Weiser counsel for Plaintiff Nicholas Phipps White. Adding Frank A. Weiser as counsel of record for Plaintiff Nicholas Phipps White for the reason indicated in the G-123 Notice. Nicholas Phipps White is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Plaintiff. (Attachments: #1 Proposed Order)(Attorney Frank A Weiser added to party Nicholas Phipps White (pty:pla))(Weiser, Frank) |
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Filing 79
ORDER GRANTING PLAINTIFF'S MOTION FOR EXTENSION OF TIME #78 by Judge George H. Wu. The Court hereby GRANTS Nicholas Phipps White's Motion for Extension of Time to file with the Court the Plaintiff's Second Amended Complaint from July 3, 2023 to July 21, 2023. (rolm)
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| Filing 78 NOTICE OF MOTION AND MOTION for Extension of Time to File Plaintiff's Second Amended Complaint filed by Plaintiff Nicholas Phipps White. (Attachments: #1 Proposed Order) (rolm) |
| Filing 77 MINUTES OF DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT #38 ; DEFENDANT BANK OF AMERICA'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT #41 ; and DEFENDANT FIDELITY NATIONAL FINANCIAL, INC.'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION #51 ; SCHEDULING CONFERENCE held before Judge George H. Wu. The Court's Tentative Ruling on Defendants' Motions [38, 41, 51] was issued on May 30, 2023 #75 . Court confers with the parties. The Tentative Ruling is adopted as the Court's Final Ruling. Defendants' Motions are GRANTED with leave to amend. Plaintiff will have until July 3, 2023 to file a Second Amended Complaint. The scheduling conference is taken off-calendar. Court Reporter: Marea Woolrich. (lom) |
| Filing 75 MINUTES IN CHAMBERS - TENTATIVE RULING ON DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT #38 ; DEFENDANT BANK OF AMERICA'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT #41 ; and DEFENDANT FIDELITY NATIONAL FINANCIAL, INC.'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION #51 by Judge George H. Wu. Attached hereto is the Court's Tentative Ruling on Defendants' Motions [38, 41, 51], set for hearing on June 1, 2023 at 8:30 a.m. Parties may appear telephonically by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov. (aco) |
| Filing 71 REPLY NOTICE OF MOTION AND MOTION to Dismiss Case and First Amended Complaint of Plaintiff #38 Surreply to Plaintiff's Second Opposition to Motion to Dismiss the First Amended Complaint filed by Defendant Anywhere Real Estate Inc.. (Chan, Macey) |
| Filing 70 OPPOSITION TO DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S (VERIFIED) FIRST AMENDED COMPLAINT filed by Plaintiff Nicholas Phipps White. (aco) |
| Filing 69 DECLARATION OF NICHOLAS PHIPPS WHITE IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S (VERIFIED) FIRST AMENDED COMPLAINT filed by Plaintiff Nicholas Phipps White. (aco) |
| Filing 68 DECLARATION OF NICHOLAS PHIPPS WHITE IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S (VERIFIED) FIRST AMENDED COMPLAINT FOR LACK OF PERSONAL JURISDICTION filed by Plaintiff Nicholas Phipps White. (aco) |
| Filing 67 NOTICE OF DEFICIENCY Re: APPLICATION for Clerk to Enter Default against defendant Fidelity National Financial, Inc. #65 . The Clerk cannot enter the requested relief as: Answer and/or Motion for Summary Judgment and/or Motion to Dismiss on file. (bm) |
| Filing 66 DECLARATION OF PLAINTIFF NICHOLAS PHIPPS WHITE IN SUPPORT OF NOTICE OF APPLICATION FOR DEFAULT JUDGMENT (CLERK) #65 filed by Plaintiff Nicholas Phipps White. (aco) |
| Filing 65 NOTICE OF APPLICATION FOR DEFAULT JUDGMENT (CLERK) AGAINST FIDELITY NATIONAL FINANCIAL, INC.; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by plaintiff Nicholas Phipps White. (Attachments: #1 Proposed Order) (aco) |
| Filing 64 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: APPLICATION for Clerk to Enter Default against Defendant Fidelity National Financial, Inc. #54 , Declaration (Motion related) #55 by Judge George H. Wu. Docket Numbers 54 and 55 are stricken for the reason(s) stated in the Notices [56, 57] filed on May 1, 2023. Plaintiff is to resubmit Application and Declaration as directed in the Notices. (aco) |
| Filing 63 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case #41 PLAINTIFF FIRST AMENDED COMPLAINT filed by Defendant Bank Of America Corporation. (Wraight, Marquis) |
| Filing 62 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: The Court, on its own motion, CONTINUES DEFENDANTS MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT #38 , and the SCHEDULING CONFERENCE, set for May 15, 2023, and DEFENDANT BANK OF AMERICAS MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT #41 , set for May 18, 2023, to June 1, 2023 at 8:30 a.m. before Judge George H. Wu. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 61 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance #60 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) |
| Filing 60 First NOTICE of Appearance filed by attorney James Douglas Hepworth on behalf of Defendant Fidelity National Financial, Inc. (Hepworth, James) |
| Filing 59 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: In light of the Defendants filing of a motion to dismiss the first amended complaint, which is scheduled to be heard on May 15, 2023 (ECF No #38 ), the May 4, 2023 scheduling conference is continued to May 15 at 8:30 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 58 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: First NOTICE OF MOTION AND MOTION to Withdraw First AmendedFirst NOTICE OF MOTION AND MOTION to Dismiss Defendant Fidelity National Financial, Inc. #51 . The following error(s) was/were found: Local Rule 7-1.1 no notice of interested parties. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom) |
| Filing 53 NOTICE of Change of Lead Counsel changing lead counsel from MaryAnn Rousso to James D. Hepworth. filed by Defendant Fidelity National Financial, Inc., (Hepworth, James) |
| Filing 52 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel may appear telephonically for Thursday's 05/04/2023 scheduling conference at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 51 First NOTICE OF MOTION AND MOTION to Withdraw First Amended, First NOTICE OF MOTION AND MOTION to Dismiss Defendant Fidelity National Financial, Inc. filed by Defendant Fidelity National Financial, Inc.. Motion set for hearing on 6/1/2023 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Proposed Order Proposed order) (Attorney Mary Ann Rousso added to party Fidelity National Financial, Inc.(pty:dft)) (Rousso, Mary) |
| Filing 50 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss Case and First Amended Complaint of Plaintiff #38 filed by Defendant Anywhere Real Estate Inc.. (Chan, Macey) |
| Filing 49 NOTICE OF DEFICIENCY Re: APPLICATION for Clerk to Enter Default Judgment against Defendant Bank Of America Corporation #45 . The Clerk cannot enter the requested relief as: Answer and/or Motion for Summary Judgment and/or Motion to Dismiss on file. Answer and/or Motion for Summary Judgment and/or Motion to Dismiss on file. (bm) |
| Filing 48 DECLARATION OF NICHOLAS PHIPPS WHITE IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S (VERIFIED) FIRST AMENDED COMPLAINT 1. Diversity -Fraud (All Defendants) #41 filed by Plaintiff Nicholas Phipps White. (aco) |
| Filing 47 OPPOSITION TO DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S (VERIFIED) FIRST AMENDED COMPLAINT FOR: 1. Diversity -Fraud (All Defendants) #41 filed by Plaintiff Nicholas Phipps White. (aco) |
| Filing 46 DECLARATION OF NICHOLAS PHIPPS WHITE IN SUPPORT OF NOTICE OF APPLICATION FOR DEFAULT JUDGMENT (CLERK) #45 filed by Plaintiff Nicholas Phipps White. (aco) |
| Filing 45 NOTICE OF APPLICATION FOR DEFAULT JUDGMENT (CLERK) AGAINST BANK OF AMERICA CORPORATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by plaintiff Nicholas Phipps White. (Attachments: #1 Proposed Order) (aco) Modified on 4/28/2023 (aco). |
| Filing 44 DECLARATION OF NICHOLAS PHIPPS WHITE IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S (VERIFIED) FIRST AMENDED COMPLAINT FOR: 1. Diversity-Fraud (All Defendants) #38 filed by Plaintiff Nicholas Phipps White. (aco) |
| Filing 43 OPPOSITION TO DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S (VERIFIED) FIRST AMENDED COMPLAINT FOR: 1. Diversity-Fraud (All Defendants) #38 filed by Plaintiff Nicholas Phipps White. (aco) |
| Filing 42 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #41 filed by Defendant Bank Of America Corporation. (Attachments: #1 Exhibit 1 - Plaintiffs November 29, 2021 Second Amended Complaint, #2 Exhibit 2 - Order dismissing the Second Amended Complaint, #3 Exhibit 3 - Order dismissing Plaintiffs Motion for Reconsideration, #4 Exhibit 4 - Court of Appeals April 20, 2022 order dismissing appeal, #5 Exhibit 5 - April 16, 2019 complaint filed in Hollywood Land Development Company, LLC v. State of Florida, #6 Exhibit 6 - Florida Courts April 22, 2019, Order striking complaint, #7 Exhibit 7 - April 23, 2019 Complaint filed in Nicholas Phipps White CEO and Chairman of the Hollywood Land Development Company v. Palm Beach County Sheriffs Office, #8 Exhibit 8 - Florida Courts April 19, 2019 Order sua sponte striking Complaint)(Wraight, Marquis) |
| Filing 41 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant Bank Of America Corporation. Motion set for hearing on 5/18/2023 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Proposed Order) (Attorney Marquis Ian Wraight added to party Bank Of America Corporation(pty:dft)) (Wraight, Marquis) |
| Filing 40 PROOF OF SERVICE filed by Defendant Anywhere Real Estate Inc., re Motion Related Document, #39 , NOTICE OF MOTION AND MOTION to Dismiss Case and First Amended Complaint of Plaintiff #38 served on April 13, 2023. (Chan, Macey) |
| Filing 39 Request for Judicial Notice in Support of Defendant Anywhere Real Estate, Inc's Motion to Dismiss Plaintiff's First Amended Complaint re NOTICE OF MOTION AND MOTION to Dismiss Case and First Amended Complaint of Plaintiff #38 filed by Defendant Anywhere Real Estate Inc.. (Attachments: #1 Exhibit Request for Judicial Notice pages 91-141)(Chan, Macey) |
| Filing 38 NOTICE OF MOTION AND MOTION to Dismiss Case and First Amended Complaint of Plaintiff filed by Defendant Anywhere Real Estate Inc.. Motion set for hearing on 5/15/2023 at 08:30 AM before Judge George H. Wu. (Chan, Macey) |
| Filing 37 PROOF OF SERVICE Executed by Plaintiff Nicholas Phipps White, upon Defendant Fidelity National Financial, Inc. served on 3/30/2023, answer due 4/20/2023. Service of the Summons and Complaint were executed upon Saral Marin-Person Authorized to Accept at CT Corporation, REGISTERED AGENT in compliance with statute not specified by personal service. Original Summons NOT returned. (aco) |
| Filing 36 PROOF OF SERVICE Executed by Plaintiff Nicholas Phipps White, upon Defendant Bank Of America Corporation served on 3/29/2023, answer due 4/19/2023. Service of the Summons and Complaint were executed upon Emanual Jacobo-Person Authorized to Accept at CT Corporation, Registered Agent by personal service. Original Summons NOT returned. (aco) |
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Filing 35
ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Rozella A. Oliver. ORDER case returned to the Clerk for random reassignment Discovery pursuant to General Order 05-07. Case randomly reassigned from Magistrate Judge Rozella A. Oliver to Magistrate Judge Steve Kim for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-04557 GW(SKx). (rn)
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Filing 34
ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Maria A. Audero. ORDER case returned to the Clerk for random reassignment Discovery pursuant to General Order 05-07. Case randomly reassigned from Magistrate Judge Maria A. Audero to Magistrate Judge Rozella A. Oliver for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-04557 GW(RAOx). (rn)
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| Filing 33 21 DAY Summons Issued re Amended Complaint #31 as to Defendant Bank of America Corporation. (aco) |
| Filing 32 21 DAY Summons Issued re Amended Complaint #31 as to Defendant Fidelity National Financial, Inc. (aco) |
| Filing 31 FIRST AMENDED COMPLAINT against Defendants Anywhere Real Estate Inc., Bank of America Corporation, Fidelity National Financial, Inc. amending Complaint - (Discovery), #1 , filed by plaintiff Nicholas Phipps White (aco) |
| Filing 30 MINUTES OF DEFENDANT ANYWHERE REAL ESTATE, INC.'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT #9 Hearing held before Judge George H. Wu. Pro se Plaintiff Nicholas Phipps White is present by telephone. The Court's Tentative Ruling on Defendant's Motion #9 was issued on February 23, 2023 #29 . Court confers with the parties. Based on the Tentative Ruling, and for reasons stated on the record, Defendant's Motion is GRANTED with leave to amend. Plaintiff will have until March 23, 2023 to file a First Amended Complaint. Defendant will respond by no later than April 13, 2023. The Court sets a scheduling conference for May 4, 2023 at 8:30 a.m. If Defendant's response is a motion to dismiss, the May 4 hearing will be taken off-calendar.; granting #9 MOTION to Dismiss Case. Court Reporter: Terri A. Hourigan. (aco) |
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Filing 29
MINUTE ORDER - IN CHAMBERS by Judge George H. Wu: Attached hereto is the Courts Tentative Ruling on Defendants Motion #9 set for hearing on February 23, 2023 at 8:30 a.m. (jag)
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Filing 28
MINUTES IN CHAMBERS-ORDER by Judge George H. Wu. The Court has received Plaintiff's Motion for Continuance filed on February 21, 2023. Plaintiff's Motion is DENIED. An Order was issued on January 24, 2023 (Docket No. 25) indicating that further continuances would not be granted. Defendant's Motion to Dismiss remains on calendar for February 23, 2023 at 8:30 a.m.; denying #27 NOTICE OF MOTION AND MOTION OF PLAINTIFF NICHOLAS PHIPPS WHITE FOR CONTINUANCE. (aco)
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| Filing 27 NOTICE OF MOTION AND MOTION OF PLAINTIFF NICHOLAS PHIPPS WHITE FOR CONTINUANCE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Plaintiff Nicholas Phipps White. (aco) |
| Filing 26 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Due to the expiration of the CARES ACT in the Central District of California, the Motion Hearing #9 , set for Thursday, February 23, 2023 at 8:30 a.m. will be held in-person and not by telephone. Masks are required. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
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Filing 25
ORDER GRANTING PLAINTIFFS MOTION FOR CONTINUANCE by Judge George H. Wu. The Court hereby GRANTS Nicholas Phipps White's Motion for Continuance to reschedule the Hearing for Defendant Anywhere Real Estate, Inc. Motion to Dismiss Plaintiff's Complaint from January 30, 2023, 8:30 a.m. to February 23, 2023, 8:30 a.m. There will be no further continuances of said motion hearing.; granting #23 MOTION for Continuance. (aco)
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| Filing 24 opposition re: NOTICE OF MOTION AND MOTION to Continue Hearing from January 30, 2023 to February 23, 2023 #23 filed by Defendant Anywhere Real Estate Inc.. (Attachments: #1 Affidavit Proof of Service re Opposition to Motion for Continuance)(Chan, Macey) |
| Filing 23 NOTICE OF MOTION AND MOTION OF PLAINTIFF NICHOLAS PHIPPS WHITE FOR CONTINUANCE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by plaintiff Nicholas Phipps White. (Attachments: #1 Proposed Order) (aco) |
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Filing 22
ORDER GRANTING PLAINTIFF'S MOTION FOR CONTINUANCE by Judge George H. Wu. The Court hereby: GRANTS Nicholas Phipps White's Motion for Continuance to reschedule the Hearing for the Defendant Anywhere Real Estate, Inc. Motion to Dismiss Plaintiff's Complaint from: January 9, 2023, 8:30 a.m., in Courtroom 9D, United States District Court, Central District of California, located at 350 W. 1st First Street, Los Angeles, CA 90012 to: January 30, 2023, 8:30 a.m., in Courtroom 9D, United States District Court, Central District of California, located at 350 W. 1st First Street, Los Angeles, CA 90012.; granting #21 MOTION OF PLAINTIFF NICHOLAS PHIPPS WHITE FOR CONTINUANCE. (aco)
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| Filing 21 NOTICE OF MOTION AND MOTION OF PLAINTIFF NICHOLAS PHIPPS WHITE FOR CONTINUANCE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by plaintiff Nicholas Phipps White. (Attachments: #1 Proposed Order) (aco) |
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Filing 20
CORRECTED ORDER GRANTING PLAINTIFF'S MOTION FOR CONTINUANCE by Judge George H. Wu. The Court hereby GRANTS Nicholas Phipps White's Motion for Continuance to reschedule the Hearing for the Defendant Anywhere Real Estate, Inc. Motion to Dismiss Plaintiff's Complaint from: December 12, 2022, 8:30 a.m., in Courtroom 9D, United States District Court, Central District of California, located at 350 W. 1st First Street, Los Angeles, CA 90012 to: January 9, 2023, 8:30 a.m., in Courtroom 9D, United States District Court, Central District of California, located at 350 W. 1st First Street, Los Angeles, CA 90012.; granting #19 [CORRECTED] NOTICE OF MOTION AND MOTION OF PLAINTIFF NICHOLAS PHIPPS WHITE FOR CONTINUANCE. (aco)
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| Filing 19 [CORRECTED] NOTICE OF MOTION AND MOTION OF PLAINTIFF NICHOLAS PHIPPS WHITE FOR CONTINUANCE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by plaintiff Nicholas Phipps White. Motion set for hearing on 12/12/2022 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Proposed Order) (aco) |
| Filing 18 PROOF OF SERVICE filed by plaintiff Nicholas Phipps White served on 11/18/2022. RE: NOTICE OF MOTION AND MOTION to Continue #15 , Order on Motion to Continue, #17 . (aco) |
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Filing 17
ORDER by Judge George H. Wu: GRANTING #15 Plaintiff's MOTION for Continuance, the Court hereby: GRANTS Nicholas Phipps White's Motion for Continuance to reschedule the Hearing for the Defendant Anywhere Real Estate, Inc. Motion to Dismiss Plaintiff's Complaint from: November 21, 2022, 8:30 a.m., to: December 12, 2022, 8:30 a.m., in Courtroom 9D, United States District Court, Central District of California, located at 350 W. First Street, Los Angeles, CA 90012. (es)
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| Filing 16 PROOF OF SERVICE filed by Plaintiff Nicholas Phipps White, re Declaration #12 , Objection/Opposition (Motion related) #13 served on 11/14/2022. (es) |
| Filing 15 NOTICE OF MOTION AND MOTION OF PLAINTIFF NICHOLAS PHIPPS WHITE FOR CONTINUANCE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF Re: NOTICE OF MOTION AND MOTION to Dismiss Case #9 filed by Plaintiff Nicholas Phipps White. (Attachments: #1 Proposed Order) (es) |
| Filing 14 REPLY Reply in support of motion to dismiss NOTICE OF MOTION AND MOTION to Dismiss Case #9 filed by Defendant Anywhere Real Estate Inc.. (Chan, Macey) |
| Filing 13 OPPOSITION TO DEFENDANT ANYWHERE REAL ESTATE, INC. MOTION TO DISMISS PLAINTIFF'S COMPLAINT filed by Plaintiff Nicholas Phipps White. RE: NOTICE OF MOTION AND MOTION to Dismiss Case #9 . (aco) |
| Filing 12 DECLARATION of NICHOLAS PHIPPS WHITE IN SUPPORT OF OPPOSITION TO DEFENDANT ANYWHERE REAL ESTATE, INC. MOTION TO DISMISS PLAINTIFF'S COMPLAINT filed by Plaintiff Nicholas Phipps White (Attachments: #1 Exhibit A)(aco) |
| Filing 11 Proof of Service as to Docket Item No. 9; Proof of Service as to Docket Item Nos. 9-1 and 9-2; Proof of Service as to Docket No. 9-3 re NOTICE OF MOTION AND MOTION to Dismiss Case #9 filed by Defendant Anywhere Real Estate Inc.. (Attachments: #1 Proof of Service re Request for Judicial Notice, #2 Proof of Service re Proposed Order Granting Motion to Dismiss)(Chan, Macey) |
| Filing 10 CERTIFICATE of Interested Parties filed by Defendant Anywhere Real Estate Inc., identifying Anywhere Real Estate, Inc.. (Chan, Macey) |
| Filing 9 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Anywhere Real Estate Inc.. Motion set for hearing on 11/21/2022 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Exhibit Request for Judicial Notice in support of Motion to Dismiss (pages 1-70), #2 Exhibit Request for Judicial Notice in support of Motion to Dismiss (pages 71-141), #3 Proposed Order Proposed order granting motion to dismiss complaint) (Attorney Macey A. Chan added to party Anywhere Real Estate Inc.(pty:dft)) (Chan, Macey) |
| Filing 8 PROOF OF SERVICE Executed by Plaintiff Nicholas Phipps White, upon Defendant Anywhere Real Estate Inc. served on 9/27/2022, answer due 10/18/2022. Service of the Summons and Complaint were executed upon Lauria Baker- Person authorized to accept services at Corporate Creations Network, Inc. in compliance with California Code of Civil Procedure. Original Summons NOT returned. (aco) |
| Filing 7 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Anywhere Real Estate Inc.. (aco) |
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Filing 6
STANDING ORDER RE FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS BEFORE JUDGE GEORGE H. WU by Judge George H. Wu. You are instructed to read and to follow (unless otherwise superseded herein) the Central District of California Local Rules (henceforth "Local Rules") 16-1 through 16-15 regarding pre-trial requirements. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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| Filing 4 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 2 NOTICE OF ASSIGNMENT to District Judge George H. Wu and Magistrate Judge Maria A. Audero. (sh) |
| Filing 5 FINANCIAL ENTRY: Received $402.00 into the registry of the Court from Nicholas P. White. Re: Complaint - (Discovery), #1 . (Estrada, Erick) |
| Filing 1 COMPLAINT against Defendant Anywhere Real Estate Inc..Case assigned to Judge George H. Wu for all further proceedings. Discovery referred to Magistrate Judge Maria A. Audero.(Filing fee $ 402) Jury Demanded., filed by Plaintiff Nicholas Phipps White. (Attachments: #1 Civil Cover Sheet) (sh) |
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